Bankruptcy Mastery

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Your Duty of Loyalty And Married Clients

By Cathy Moran, Esq. Filed Under: Counseling clients, Family Law in Bankruptcy

conflicts with spouses

 Are your loyalties divided When a married couple books a bankruptcy consultation, you have an immediate problem: There be dragons, as early map makers helpfully provided. Because, as a lawyer friend of mine says:   Anytime there are two people sitting across from you, you have a conflict of interest. That pithy expression has stuck […]

Filed Under: Counseling clients, Family Law in Bankruptcy Tagged With: 2021, ethics, professional responsibility

One Trait Makes A Bankruptcy Lawyer Great

By Cathy Moran, Esq. Filed Under: Counseling clients, lawyer skills

standout bankruptcy lawyer

One trait makes a bankruptcy attorney stand out. Bankruptcy forms promote the view that filing a case is just recording what the debtor owns and owes today.  If all you focus on is the here and now, you can assemble a bankruptcy petition. But if there is one, uniform failing in average bankruptcy lawyers, it’s that […]

Filed Under: Counseling clients, lawyer skills

Reaffirmations Impose Impossible Demands On Bankruptcy Counsel

By Cathy Moran, Esq. Filed Under: Counseling clients

reaffirmation presents problems

When BAPCA gutted the ipso facto clause, reaffirmation was left as the only way a debtor could be assured of retaining his wheels. Car lenders took sides back then, then changed sides, on whether they would automatically repossess a vehicle when the debt was not reaffirmed. Some wanted the in terrorem effect of losing the […]

Filed Under: Counseling clients

Charting The Course of A Case

By Cathy Moran, Esq. Filed Under: Before filing, Counseling clients, Start Here

Planning the bankruptcy often determines whether the case succeeds or fails. To obtain good results for a bankruptcy client, sometimes you have to serve up unpleasant news and force the client to swallow that bitter pill. Hum a chorus of You Can’t Always Get What You Want. Of course, you can’t really force them to […]

Filed Under: Before filing, Counseling clients, Start Here

Bankruptcy as Means to Keep the House

By Cathy Moran, Esq. Filed Under: Counseling clients, Real property

house

There’s nothing like a foreclosure to get homeowners to see a bankruptcy lawyer. They are often not sure just how bankruptcy will accomplish this, but they are resolute that keeping the house is the centerpiece of their bankruptcy. A capable lawyer can tell the client how that might be done through bankruptcy;  a standout bankruptcy […]

Filed Under: Counseling clients, Real property

Untangling The Converted Bankruptcy Case

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice, Chapter 13, Counseling clients

Conversion to Chapter 7 from Chapter 13 usually comes amid some sort of train wreck. The debtor has defaulted on plan payments, decided to surrender the house, or even got a loan modification that allows him to keep the house. Often, there is pressure to convert the case before it is dismissed. In the bustle, […]

Filed Under: Bankruptcy Practice, Chapter 13, Counseling clients Tagged With: conversion

When Chapter 13 Debtors Run Amok

By Cathy Moran, Esq. Filed Under: Counseling clients

Chapter 13

We’ve had a string of them…. [Hint: in a small practice, a “string” means “three. ” ] But three clients in the past month with confirmed Chapter 13 plans have contracted to sell their homes without mentioning it to us, their attorneys. The degree of chaos varied:  inadequate time to get approval of the sale from the […]

Filed Under: Counseling clients

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